This action might not be possible to undo. Are you sure you want to continue?
Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. (1089a) Art. 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and as to what has not been foreseen, by the provisions of this Book. (1090) Art. 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. (1091a) Art. 1160. Obligations derived from quasicontracts shall be subject to the provisions of Chapter 1, Title XVII, of this Book. (n) Art. 1161. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. (1092a) Art. 1162. Obligations derived from quasi-delicts shall be governed by the provisions of Chapter 2, Title XVII of this Book, and by special laws. (1093a)
law or the stipulation of the parties requires another standard of care. (1094a) Art. 1164. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. However, he shall acquire no real right over it until the same has been delivered to him. (1095) Art. 1165. When what is to be delivered is a determinate thing, the creditor, in addition to the right granted him by Article 1170, may compel the debtor to make the delivery. If the thing is indeterminate or generic, he may ask that the obligation be complied with at the expense of the debtor. If the obligor delays, or has promised to deliver the same thing to two or more persons who do not have the same interest, he shall be responsible for any fortuitous event until he has effected the delivery. (1096) Art. 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. (1097a) Art. 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. (1098) Art. 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. (1099a) Art. 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist:
CHAPTER 2 NATURE AND EFFECT OF OBLIGATIONS
Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the
without prejudice to the effects of the happening of the event. negligence. From the moment one of the parties fulfills his obligation. 1171. 1172. (n) Art. (1102a) Art. 1177. (1110a) Art. or when it is otherwise declared by stipulation. 1178. all rights acquired in virtue of an obligation are transmissible. but such liability may be regulated by the courts. according to the circumstances. of the time and of the place.(1) When the obligation or the law expressly so declare. Usurious transactions shall be governed by special laws. (1113) Art. (1100a) Art. Every obligation which contains a resolutory condition shall also be demandable. (1105a) Art. if there has been no stipulation to the contrary. are liable for damages. delay by the other begins. or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract. save those which are inherent in his person. shall give rise to the presumption that said interest has been paid. or delay. 1175. Those who in the performance of their obligations are guilty of fraud. Responsibility arising from fraud is demandable in all obligations. In reciprocal obligations. that which is expected of a good father of a family shall be required. is demandable at once. or which. the provisions of Articles 1171 and 2201. . 1179. The receipt of the principal by the creditor without reservation with respect to the interest. When the debtor binds himself to pay when his means permit him to do so. Every obligation whose performance does not depend upon a future or uncertain event. shall likewise raise the presumption that such installments have been paid. were inevitable.Pure and Conditional Obligations Art. 1180. 1170. (1112) CHAPTER 3 DIFFERENT KINDS OF OBLIGATIONS SECTION 1. When negligence shows bad faith. (1111) Art. or upon a past event unknown to the parties. the obligation shall be deemed to be one with a . paragraph 2. (1101) Art. (1104a) Art. or when the nature of the obligation requires the assumption of risk. may exercise all the rights and bring all the actions of the latter for the same purpose. The creditors. 1176. The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons. though foreseen. neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. 1173. Except in cases expressly specified by the law. and those who in any manner contravene the tenor thereof. as when the obligor has rendered it beyond his power to perform. no person shall be responsible for those events which could not be foreseen. Any waiver of an action for future fraud is void. Subject to the laws. The receipt of a later installment of a debt without reservation as to prior installments. 1174. or (3) When demand would be useless. If the law or contract does not state the diligence which is to be observed in the performance. shall apply. they may also impugn the acts which the debtor may have done to defraud them. after having pursued the property in possession of the debtor to satisfy their claims. Responsibility arising from negligence in the performance of every kind of obligation is also demandable. (1103) Art.
(1119) Art. (1118) Art. If no time has been fixed. as well as the extinguishment or loss of those already acquired. . If the obligation is divisible. The condition not to do an impossible thing shall be considered as not having been agreed upon. the courts shall determine. that part thereof which is not affected by the impossible or unlawful condition shall be valid. the conditional obligation shall be void. the obligation shall be extinguished. it is understood that the thing is lost when it perishes. If the obligation is unilateral. The condition that some event happen at a determinate time shall extinguish the obligation as soon as the time expires or if it has become indubitable that the event will not take place. 1182. unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. subject to the provisions of Article 1197. 1188. 1185. the retroactive effect of the condition that has been complied with. If it depends upon chance or upon the will of a third person. once the condition has been fulfilled. 1186. shall retroact to the day of the constitution of the obligation. 1181. 1183. those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. before the fulfillment of the condition. In conditional obligations. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed. (1115) Art.period. in each case. The creditor may. bring the appropriate actions for the preservation of his right. 1187. when the obligation imposes reciprocal prestations upon the parties. (1116a) Art. or disappears in such a way that its existence is unknown or it cannot be recovered. The effects of a conditional obligation to give. the impairment is to be borne by the creditor. Nevertheless. 1189. with indemnity for damages in either case. the condition shall be deemed fulfilled at such time as may have probably been contemplated. (1114) Art. the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. the debtor shall appropriate the fruits and interests received. the following rules shall be observed in case of the improvement. (1117) Art. When the conditions have been imposed with the intention of suspending the efficacy of an obligation to give. (4) If it deteriorates through the fault of the debtor. (3) When the thing deteriorates without the fault of the debtor. shall depend upon the happening of the event which constitutes the condition. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. Impossible conditions. he shall be obliged to pay damages. loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor. or if it has become evident that the event cannot occur. bearing in mind the nature of the obligation. (1121a) Art. In obligations to do and not to do. (2) If the thing is lost through the fault of the debtor. 1184. or goes out of commerce. When the fulfillment of the condition depends upon the sole will of the debtor. (1120) Art. The condition shall be deemed fulfilled when the obligor voluntarily prevents its fulfillment. the creditor may choose between the rescission of the obligation and its fulfillment. (n) Art. the acquisition of rights. the obligation shall take effect in conformity with the provisions of this Code.
deterioration or improvement of the thing. The court shall decree the rescission claimed. in accordance with Articles 1385 and 1388 and the Mortgage Law. In case of the loss. the improvement shall inure to the benefit of the creditor. upon the fulfillment of said conditions. he shall have no other right than that granted to the usufructuary. 1192. When the conditions have for their purpose the extinguishment of an obligation to give. and each shall bear his own damages. unless there be just cause authorizing the fixing of a period. the provisions of the second paragraph of Article 1187 shall be observed as regards the effect of the extinguishment of the obligation. the same shall be deemed extinguished. The injured party may choose between the fulfillment and the rescission of the obligation. He may also seek rescission. in case one of the obligors should not comply with what is incumbent upon him. (1124) Art. The power to rescind obligations is implied in reciprocal ones. As for the obligations to do and not to do. are laid down in the preceding article shall be applied to the party who is bound to return. the liability of the first infractor shall be equitably tempered by the courts. This is understood to be without prejudice to the rights of third persons who have acquired the thing. 1190. or by time. with the payment of damages in either case. shall return to each other what they have received. In case both parties have committed a breach of the obligation. the provisions which. (1123) Art. if the latter should become impossible. (6) If it is improved at the expense of the debtor. 1191. with respect to the debtor. the parties. (1122) Art. (n) . If it cannot be determined which of the parties first violated the contract.(5) If the thing is improved by its nature. even after he has chosen fulfillment.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.